In the aftermath of suffering from a slip and fall injury on another’s property, your first plan of action may be to pursue legal action with the expectation of receiving full compensation. It’s important, however, that you take into consideration comparative fault and how it can impact your case and the compensation you receive. In this blog, our Laredo personal injury lawyer explains how Texas’ comparative fault rule can affect your case.
Modified Comparative Fault in Texas
Texas is one of 12 states that follows the “50 percent Bar Rule,” which simply means that if the person who is filing the lawsuit is found to hold 50% or more responsibility for the accident, they are unable to recover for their injuries. However, if you are found to be 49% or less at fault, your compensation is reduced by whatever degree of fault you have. For example, if you are found 30% liable for your slip and fall accident, your compensation will be reduced by its respective percentage.
When filing a personal injury slip and fall claim, it can be expected that the property owner you are holding responsible will argue that you are, in some part, liable for your injuries – he or she may contest that you were distracted, or not wearing appropriate footwear, or that you should have been aware at the obvious state and dangerous conditions of the property. If a judge finds that there is validity in the defendant’s claim, the modified comparative fault rule will apply.
Building a Strong Cases
Even if your slip and fall case never goes to court, comparative fault can still be a considerable factor when determining and negotiating settlements for your compensation. To make sure you’re building the strongest case possible, you should retain representation from a legal professional who will leave no stone unturned in proving that the responsible party is liable for your injuries.
Our Laredo personal injury attorney has the skill, endurance, and tenacity to advocate on your behalf. Call (956) 434-4000 to schedule your free consultation today.
